TM.C. No. 90/2023 of I.R. No. 20/2023 Under Section 144 of Cr.P.C./2731.

Registered No. PY/44/2021-23 Registered with the Registrar of Newspapers for India under No. 10410 Amﬂºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry

PART - I

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No. 116 Poudouchéry Mercredi 5 Octobre 2023 (13 Asvina 1945)

No. Puducherry Wednesday 5th October 2023

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 90/2023 of I.R. No. 20/2023 Under Section 144 of Cr.P.C./2731

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Anbazhagan @ Azhagar (42), S/o. Seenuvasan, No. 69, Middle Street, Pooranankuppam, Thavalakuppam, Puducherry.

. . Counter Petitioner

[ 849 ]LA GAZETTE DE L'ETAT [ PART-I 850 850 This petition along with case sheet is filed by the Sub - Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Anbazhagan @ Azhagar, to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Thiru Anbazhagan @ Azhagar (42), son of Seenuvasan, a resident of No. 69, Middle Street, Pooranankuppam, Thavalakuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 20/2023 under section 144 of Cr.P.C., dated 15-04-2023 Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder by using country made bombs. It is also stated that the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. Further, the Petitioner had submitted a note, dated 31-03-2023 of the Inspector of Police, Special Task Force, Puducherry. In this connection, the Petitioner has stated that the following Criminal cases were registered against the Counter Petitioner.

(i) Cr.No. 229/13 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated 19-11-2013 of Reddichavady Police Station, Tamil Nadu.

(ii) Cr.No. 86/2014 under sections 147, 148, 341, 342, 302 IPC r/w 149 IPC and 3 of Explosive Substances Act, 1908, dated 21-11-2014 of Thavalakuppam Police Station, Puducherry.

(iii) I.R.No. 33/2014 under section 144 of Cr.P.C, dated 07-10-2014

(iv) I.R.No. 23/2015 under section 144 of Cr.P.C, dated 11-08-2015

(v) I.R.No. 02/2016 under section 144 of Cr.P.C, dated 14-03-2016

(vi) I.R.No. 35/2016 under section 144 of Cr.P.C, dated 27-09-2016

(vii) I.R.No. 11/2017 under section 144 of Cr.P.C, dated 13-05-2017

(viii) I.R.No. 08/2018 under section 144 of Cr.PC, dated 30-04-2018

(ix) I.R.No. 11/2019 under section 144 of Cr.P.C, dated 14-03-2019

(x) I.R.No. 42/2019 under section 150 of Cr.P.C, dated 24-11-2019

(xi) I.R.No. 12/2022 under section 144 of Cr.P.C, dated 13-06-2022

(xii) I.R.No. 02/2023 under section 144 of Cr.P.C, dated 28-03-2023

4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. It is also stated that he involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law. It is also stated in the I.R that the Station House Officer has received reliable information that he is desperate and isPART-I ] LA GAZETTE DE L'ETAT 851 in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. It is also stated that he is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence rival group is also waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, damages to public and private properties, assault, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court, for a period of two months as to prevent danger to the human lives and properties, and disturbance to the public tranquility and order.

6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 10-08-2023 to appear for the hearing on 12-09-2023. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector, Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present. The Learned Counsel, Thiru A. Mayan was present and represented on behalf of the Counter Petitioner.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police Information Report/Petition, it is stated that the activities of the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 12 criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counsel for the Counter Petitioner. The Learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

9. Upon hearing both sides and on perusal of the records submitted by the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, the Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, damages to properties, obstructions, annoyance, etc., and thereby become a perennial source of threat to the community and disturb public peace and order. Such situations cannot be handled effectively by taking recourse to usual procedures contemplated by law and hence it is necessary that special provision under section 144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent harm to life and properties of citizens and uphold public peace and order;

LA GAZETTE DE L'ETAT [ PART-I 852 852

11. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Anbazhagan @ Azhagar (42), son of Seenuvasan, a resident of No. 69, Middle Street, Pooranankuppam, Thavalakuppam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 12th day of September, 2023 pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 91/2023 of I.R. No. 21/2023 Under Section 144 of Cr.P.C./2732

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru San @ Shanmugam (22), S/o. Sakthivel, No. 29, Udaiyar Street, T.N. Palayam, Thavalakuppam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass orders under section144 of Cr.P.C., against Thiru San @ Shanmugam, to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Thiru San @ Shanmugam (22), son of Sakthivel, a resident of No. 29, Udaiyar Street, T.N. Palayam, Thavalakuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 91/2023PART-I ] LA GAZETTE DE L'ETAT 853 under section144 of Cr.P.C., dated 24-04-2023. Therein, it has been stated that the Counter Petitioner have formed a gang of rowdies and bent upon indulging in crime such as murder, arms act, hurt and riot cases. It is also stated that the Counter Petitioner have created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following Criminal cases were registered against the Counter Petitioner.

1. Cr.No. 109/2021 under section 302 IPC r/w 34 IPC of Thavalakuppam Police Station, Puducherry, dated 20-09-2021.

2. Cr.No. 91/2022 under sections 294 (b), 506 (ii) IPC and 25 (1) (a) of Arms Act, 1959 of Thavalakuppam Police Station, Puducherry, dated 03-10-2022.

3. Cr.No. 15/2023 under sections 294(b), 323, 324, 506(ii) r/w 34 IPC, dated 25-02-2023.

4. Cr.No. 42/2023 under sections 448, 294(b), 323, 324, 506(ii) IPC r/w 34 IPC @ 147, 448, 294(b), 323, 324, 506(ii) IPC r/w 149 Thavalakuppam Police Station, Puducherry, dated 23-04-2023.

5. I.R.No. 8/2023 under section 144 of Cr.P.C., dated 13-02-2023

4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. It is also stated that he involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law. It is also stated in the I.R that the Station House Officer have received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. It is also stated that he is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence, rival group is also waiting opportunity to take revenge upon him.

Hence, the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 Cr.P.C against the Counter Petitioner do not to enter into the jurisdiction of this Court, for a period of two months as to prevent danger to the human life and properties, and disturbance to the public tranquility and order.

LA GAZETTE DE L'ETAT [ PART-I 854 854

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector, Thavalakuppam Police Station, Puducherry, and the Counter Petitioner were present.

The Learned Counsel, Thiru A. Mayan, was present and represented on behalf of the Counter Petitioner.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police Information Report/Petition, it is stated that the activities of the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 5 criminal cases were registered against him in Thavalakuppam Police Station. I have also heard the oral submission of the Counsel for the Counter Petitioner. The Learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

9. Upon hearing both sides and on perusal of the records submitted by the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, the Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, damages to properties, obstructions, annoyance, etc., and thereby become a perennial source of threat to the community and disturb public peace and order. Such situations cannot be handled effectively by taking recourse to usual procedures contemplated by law and hence, it is necessary that special provision under section 144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent harm to life and properties of citizens and uphold public peace and order.

11. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru San @ Shanmugam (22), son of Sakthivel, a resident of No. 29, Udaiyar Street, T.N. Palayam, Thavalakuppam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 12th day of September, 2023 pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ] LA GAZETTE DE L'ETAT 855

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 94/2023 of I.R. No. 29/2023 Under Section 144 of Cr.P.C./2727

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Rajasegar (28), S/o. Nagamuthu @ Meesai, No. 45, Throwpathiamman Koil Street, Pooranankuppam, Thavalakuppam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Rajasegar (28), to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Thiru Rajasegar (28), son of Nagamuthu @ Meesai, a resident of No. 45, Throwpathiamman Koil Street Pooranankuppam, Thavalakuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 29/2023 under section 144 of Cr.P.C., dated 12-05-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, hurt, explosive case, dacoity by using deadly weapons. It is also stated that the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner has stated that the following criminal cases were registered against the Counter Petitioner.

1. Cr.No. 37/2013 under sections 509(B), 323, 506(i) IPC r/w 34 IPC @ 354 A(1)(i), 354 D(2), 323, 506(i) IPC r/w 34 IPC, dated 08-05-2013 of Thavalakuppam Police Station, Puducherry.

2. Cr.No. 71/2013 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC, dated 02-08-2013 of Thavalakuppam Police Station, Puducherry.

3. Cr.No. 229/2013 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated 19-11-2013 of Reddichavady Police Station, Tamil Nadu.

LA GAZETTE DE L'ETAT [ PART-I 856 856

4. Cr.No. 86/2014 under sections 147, 148, 341, 342, 302 IPC r/w 149 IPC and 3 of Explosive Substances Act, 1908, dated 21-11-2014 of Thavalakuppam Police Station, Puducherry.

5. Cr.No. 02/2021 under sections 143, 148, 307, 323, 324 IPC r/w 149 IPC of Thavalakuppam Police Station, Puducherry, dated 01-11-2021.

4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. It is also stated that he has involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Court while he was released on bail. It is also stated in the I.R that the Station House Officer has received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. It is also stated that he is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence rival group is also waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if the Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, damages to public and private properties, assault, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human lives and properties, and disturbance to the public tranquility and order;

7. On 12-09-2023, the Petitioner Thiru. G. Thirumurugan, Sub-Inspector, Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present. The Learned Counsel, Thiru D. Pushparaj was present and represented on behalf of the Counter Petitioner.

8. I have heard both the sides and carefully gone through all the available records placed before me. In the Police Information Report/Petition, it is stated that the activities of the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 5 criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counsel for the Counter Petitioner. The Learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

PART-I ] LA GAZETTE DE L'ETAT 857

10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Rajasegar (28), son of Nagamuthu @ Meesai, a resident of No. 45, Throwpathiamman Koil Street Pooranankuppam, Thavalakuppam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 12th day of September, 2023, pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 98/2023 of I.R. No. 40/2023 Under Section 144 of Cr.P.C./2735

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Kumaravel (28), S/o. Karunamoorthy, No.15, Throwpathiamman Koil Street, Pooranankuppam, Thavalakuppam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Sub-nspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Kumaravel to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.

LA GAZETTE DE L'ETAT [ PART-I 858 858

2. The Counter Petitioner is Thiru Kumaravel (28), son of Karunamoorthy, a resident of No. 15, Throwpathiamman Koil Street, Pooranankuppam, Thavalakuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 40/2023 under section144 of Cr.P.C., dated 07-08-2023 Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, hurt, dacoity, explosive cases by using deadly weapons and country made bombs. It is also stated that the Counter Petitioner has created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner has stated that the following Criminal cases were registered against the Counter Petitioner.

1. Cr.No. 62/2012 under sections 345, 323, 506(ii) IPC r/w 34 IPC dt:

29-05-2012 of Thavalakuppam Police Station, Puducherry.

2. Cr.No. 37/2013 under sections 509(B), 323, 506(i) IPC r/w 34 IPC @ 354 A(l)(i), 354 D(2), 323, 506(i) IPC r/w 34 IPC, dated 08-05-2013 of Thavalakuppam Police Station, Puducherry.

3. Cr.No. 71/2013 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC, dated 02-08-2013 of Thavalakuppam Police Station, Puducherry.

4. Cr.No.229/13 under sections 147,148, 341, 302 IPC r/w 149 IPC, dated 19-11-2013 of Reddichavady Police Station, Tamil Nadu.

5. Cr.No.86/14 under sections 147,148, 341,342, 302 IPC r/w 149 IPC and 3 of Explosive Substances Act, 1908, dated 21-11-2014 of Thavalakuppam Police Station, Puducherry.

6. Cr. No.42/16 under section 395 IPC, dated 28-05-2016 of Thavalakuppam Police Station, Puducherry.

7. Cr.No.02/2021 under sections 143,148,307,323,324 IPC r/w 149 IPC of Thavalakuppam Police Station, Puducherry.

8. I.R.No. 34/2014 under section 144 of Cr.P.C., dated 08-10-2014

9. I.R.No. 22/2015 under section 144 of Cr.P.C., dated 11-08-2015

10. I.R.No. 03/2016 under section 144 of Cr.P.C., dated 14-03-2016

11. I.R.No. 09/2018 under section 144 of Cr.P.C., dated 30-04-2018

12. I.R.No. 07/2019 under section 144 of Cr.P.C., dated 12-03-2019

13. I.R.No. 18/2019 under section 107 of Cr.P.C., dated 26-09-2019

14. I.R.No. 44/2019 under section 150 @ 107 of Cr.P.C., dated 26-11-2019

15. I.R.No. 09/2022 under section 144 of Cr.P.C., dated 10-06-2022

16. I.R.No. 31/2022 under sections 151 and 107 of Cr.P.C., dated 22-12-2022PART-I ] LA GAZETTE DE L'ETAT 859 4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. It is also stated that he involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law. It is also stated in the I.R that the Station House Officer has received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. It is also stated that he is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence rival group is also waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, damages to public and private properties, assault, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human lives and properties, and disturbance to the public tranquility and order.

6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru. G. Thirumurugan, Sub-Inspector, Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present. The Learned Counsel, Thiru A. Mayan, was present and represented on behalf of the Counter Petitioner.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police Information Report/Petition, it is stated that the activities of the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 16 criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counsel for the Counter Petitioner. The Learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

LA GAZETTE DE L'ETAT [ PART-I 860 860

11. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Kumaravel (28), son of Karunamoorthy, a resident of No. 15, Throwpathiamman Koil Street, Pooranankuppam, Thavalakuppam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 12th day of September, 2023 pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 99/2023 of I.R. No. 41/2023 Under Section 144 of Cr.P.C./2730

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Raju @ Raji (29), S/o. Pazhani, No. 10, North Street, Pooranankuppam, Thavalakuppam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Raju @ Raji, to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Thiru Raju @ Raji (29), son of Pazhani, a resident of No. 10, North Street, Pooranankuppam, Thavalakuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 41/2023 under section144 of Cr.P.C., dated 08-08-2023. Therein, it has been stated that the Counter Petitioner has formed a gang of rowdies and bent upon indulging in crime such as murder, hurt by using deadly weapons. It is also stated that the CounterPART-I ] LA GAZETTE DE L'ETAT 861 Petitioner have created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner–

(1) Cr.No. 62/2012 under sections 354, 323, 506(ii), r/w 34 IPC, dated 29-05-2012 of Thavalakuppam Police Station, Puducherry.

(2) Cr.No. 86/2014 under sections 147,148, 341, 342, 302 IPC r/w 149 IPC and 3 of Explosive Substance Act, 1908, dated 21-11-2014 of Thavalakuppam Police Station, Puducherry.

(3) Cr.No. 295/2020 under sections 341, 294(b), 323, 506(ii) IPC r/w 34 IPC, dated 19-06-2020 of Thavalakuppam Police Station, Puducherry.

(4) Cr.No. 347/2020 under sections 294(b), 323, 506(ii) r/w 34 IPC, dated 14-10-2020 of Thavalakuppam Police Station, Puducherry.

(5) Cr.No. 02/2021 under sections 143,148, 307, 323, 324 IPC r/w 149 IPC, dated 01-01-2021 of Thavalakuppam Police Station, Puducherry.

(6) I.R.No. 27/2015 under section 110 of Cr.P.C., dated 11-11-2015.

(7) I.R.No. 39/2019 under section 150 @ 107 of Cr.P.C., dated 21-11-2019.

(8) I.R.No. 49/2020 under section 107 of Cr.P.C., dated 22-06-2020.

(9) I.R.No. 83/2021 under section 144 of Cr.P.C., dated 13-06-2021.

(10) I.R.No. 115/2021 under section 144 of Cr.P.C., dated 02-10-2021.

(11) I.R.No. 17/2022 under section 110 of Cr.P.C., dated 18-06-2022.

4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. It is also stated that he involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law. It is also stated in the I.R that the Station House Officer has received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. It is also stated that he is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence rival group is also waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, damages to public and private properties, assault, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human lives and properties, and disturbance to the public tranquility and order.

LA GAZETTE DE L'ETAT [ PART-I 862 862

6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector, Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present.

The Learned Counsel, Thiru D. Pushparaj, was present and represented on behalf of the Counter Petitioner.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police information report/petition, it is stated that the activities of the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 11 criminal cases were registered against him in Thavalakuppam Police Station, Puducherry. I have also heard the oral submission of the Counsel for the Counter Petitioner. The Learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

11. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Raju @ Raji (29), son of Pazhani, a resident of No. 10, North Street, Pooranankuppam,Thavalakuppam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry.

However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 12th day of September, 2023 pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

PART-I ] LA GAZETTE DE L'ETAT 863

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 100/2023 of I.R. No. 42/2023 Under Section 144 of Cr.P.C./2729

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Tamilarasu @ Arasu (39), S/o. Thanigachalam, No. 10, North Street, Pooranankuppam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Sub - Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Tamilarasu @ Arasu (39), to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Thiru Tamilarasu @ Arasu (39), son of Thanigachalam, a resident of No. 10, North Street, Pooranankuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 42/2023 under section144 of Cr.P.C., dated 09-08-2023. Therein, it has been stated that the Counter Petitioner have formed a gang of rowdies and bent upon indulging in crime such as murder, hurt, explosive case and using country made bombs by using lethal weapons. It is also stated that the Counter Petitioner have created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

1. Cr.No. 62/2012 under sections 345, 323, 506(ii) IPC r/w 34 IPC, dated 29-05-2012 of Thavalakuppam Police Station, Puducherry.

2. Cr.No. 37/2013 under sections 509(B), 323, 506(i) IPC r/w 34 IPC @ 354 A(l)(i), 354 D(2), 323, 506(i) IPC r/w 34 IPC, dated 08-05-2013 of Thavalakuppam Police Station, Puducherry.

3. Cr.No. 229/2013 under sections 147,148, 341, 302 IPC r/w 149 IPC, dated 19-11-2013 of Reddichavady Police Station, Tamil Nadu.

4. Cr.No. 86 under sections 147,148, 341, 342, 302 IPC r/w 149 IPC and 3 of Explosive Substances Act, 1908, dated 21-11-2014 of Thavalakuppam Police Station, Puducherry.

LA GAZETTE DE L'ETAT [ PART-I 864 864

5. Cr.No.57/2018 under sections 341, 324, 506(ii) IPC r/w 34 IPC, dated 07-08-2018 of Thavalakuppam Police Station, Puducherry.

6. I.R.No. 32/2014 under section 107 of Cr.P.C., dated 24-09-2014

7. I.R.No. 34/2014 under section 144 of Cr.P.C., dated 08-10-2014

8. I.R.No. 02/2015 under section 144 of Cr.P.C., dated 27-02-2015

9. I.R.No. 25/2015 under section 110 of Cr.P.C., dated 29-09-2015

10. I.R.No. 03/2017 under section 151 @ 107 of Cr.P.C., dated 28-04-2017

11. I.R.No. 08/2019 under section 107 of Cr.P.C., dated 12-03-2019

12. I.R.No. 23/2019 under section 107 of Cr.P.C., dated 03-10-2019

13. I.R.No. 60/2021 under section 144 of Cr.P.C., dated 22-03-2021

14. I.R.No. 14/2023 under section 144 of Cr.P.C., dated 20-02-2023

4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. It is also stated that he involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law. It is also stated in the I.R that the Station House Officer has received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. It is also stated that he is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence, rival group is also waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if, the Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, damages to public and private properties, assault, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court, for a period of two months as to prevent danger to the human life and properties, and disturbance to the public tranquility and order.

6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector, Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present. The Learned Counsel, Thiru D. Pushparaj, was present and represented on behalf of the Counter Petitioner.

PART-I ] LA GAZETTE DE L'ETAT 865

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police Information Report/Petition, it is stated that the activities of the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 14 criminal cases were registered against him in various Police Station. I have also heard the oral submission of the Counsel for the Counter Petitioner. The Learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

9. Upon hearing both sides and on perusal of the records submitted by the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, the Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, damages to properties, obstructions, annoyance, etc., and thereby become a perennial source of threat to the community and disturb public peace and order. Such situations cannot be handled effectively by taking recourse to usual procedures contemplated by law and hence, it is necessary that special provision under section 144 of Cr.P.C. is invoked to take action against the Counter Petitioner to prevent harm to life and properties of citizens and uphold public peace and order;

10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Tamilarasu @ Arasu (39), son of Thanigachalam, a resident of No. 10, North Street, Pooranankuppam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 12th day of September, 2023 pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 101/2023 of I.R. No. 43/2023 Under Section 144 of Cr.P.C./2728

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry.

. . Petitioner

Vs.

LA GAZETTE DE L'ETAT [ PART-I 866 866

Thiru Thamizharasu (30), S/o. Lingamoorthy, Behind Kalaiarangam, Mariamman Koil Street, Pooranankuppam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Thamizharasu (30), to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Thiru Thamizharasu (30), son of Lingamoorthy, a resident of Mariamman Koil Street, Pooranankuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 43/2023 under section 144 of Cr.P.C., dated 11-08-2023. Therein, it has been stated that the Counter Petitioner have formed a gang of rowdies and bent upon indulging in crime such as murder, hurt, explosive case and using country made bombs by using lethal weapons. It is also stated that the Counter Petitioner have created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

1. Cr.No. 62/2012 under sections 354, 323, 506(ii) IPC r/w 34 IPC, dated 29-05-2012 of Thavalakuppam Police Station, Puducherry.

2. Cr.No. 229/2013 under sections 147, 148, 341, 302 IPC r/w 149 IPC, dated 19-11-2013 of Reddichavady Police Station, Tamil Nadu.

3. Cr.No. 86/2014 under sections 147, 148, 341, 342, 302 IPC r/w 149 IPC and 3 of Explosive Substances Act, 1908, dated 21-11-2014 of Thavalakuppam Police Station, Puducherry.

4. I.R.No. 04/2015 under section 144 of Cr.P.C., dated 01-03-2015 of Thavalakuppam Police Station, Puducherry.

5. I.R.No.27/2015 under section 110 of Cr.P.C., dated 11-11-2015 of Thavalakuppam Police Station, Puducherry.

6. I.R.No. 09/2017 under section 144 of Cr.P.C., dated 11-05-2017 of Thavalakuppam Police Station, Puducherry.

7. I.R.No.03/2018 under section 110 of Cr.P.C., dated 06-02-2018 of Thavalakuppam Police Station, Puducherry.

8. I.R.No. 10/2018 under section 144 of Cr.P.C., dated 11-03-2019 of Thavalakuppam Police Station, Puducherry.

PART-I ] LA GAZETTE DE L'ETAT 867

9. I.R.No.06/2019 under section 144 of Cr.P.C., dated 11-03-2019 of Thavalakuppam Police Station, Puducherry.

10. IR.No.20/2019 under section 107 of Cr.P.C., dated 28-07-2019 of Thavalakuppam Police Station, Puducherry.

11. I.R.No. 14/2023 under section 144 of Cr.P.C of Thavalakuppam Police Station, Puducherry.

4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. It is also stated that he involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law. It is also stated in the I.R that the Station House Officer has received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. It is also stated that he is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence, rival group is also waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if the Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, damages to public and private properties, assault, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court, for a period of two months as to prevent danger to the human life and properties, and disturbance to the public tranquility and order.

6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector, Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present. The Learned Counsel, Thiru D. Pushparaj, was present and represented on behalf of the Counter Petitioner.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police Information Report/Petition, it is stated that the activities of the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 11 criminal cases were registered against him in various Police Station. I have also heard the oral submission of the Counsel for the Counter Petitioner. The Learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

LA GAZETTE DE L'ETAT [ PART-I 868 868

9. Upon hearing both sides and on perusal of the records submitted by the Petitioner, I am of the opinion that if, the Counter Petitioner is allowed to reside within the limits of my jurisdiction, the Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, damages to properties, obstructions, annoyance, etc., and thereby become a perennial source of threat to the community and disturb public peace and order. Such situations cannot be handled effectively by taking recourse to usual procedures contemplated by law and hence, it is necessary that special provision under section 144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent harm to life and properties of citizens and uphold public peace and order;

10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Thamizharasu (30), son of Lingamoorthy, a resident of Mariamman koil Street, Pooranankuppam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 12th day of September, 2023 pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

————

IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 102/2023 of I.R. No. 44/2023 Under Section 144 of Cr.P.C./2734

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Selvam @ Silambselvam (33), S/o. Kumar, No. 84, Angalammankoil Street, Poornankuppam, Puducherry.

. . Counter Petitioner

This petition along with case sheet is filed by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Selvam @ Silambselvam (33), to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.

PART-I ] LA GAZETTE DE L'ETAT 869

2. The Counter Petitioner is Thiru Selvam @ Silambselvam (33), son of Kumar, a resident of No. 84, Angalammankoil Street, Pooranankuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 44/2023 under section 144 of Cr.P.C., dated 12-08-2023. Therein, it has been stated that the Counter Petitioner have formed a gang of rowdies and bent upon indulging in crime such as murder, hurt, explosive case and using country made bombs by using lethal weapons. It is also stated that the Counter Petitioner have created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

1. Cr.No. 71/2013 under sections 294(b), 323, 506(ii) IPC r/w 34 IPC, dated 02-08-2023 of Thavalakuppam Police Station, Puducherry – Acquitted.

2. Cr.No. 229/2013 under sections 147, 148, 341, 302 IPC r/w 149 IPC of Reddichavady Police Station, Tamil Nadu, dated 19-11-2013 – Pending Trial.

3. Cr.No. 86/2014 under sections 147, 148, 341, 342, 302 IPC r/w 149 IPC and 3 of Explosive Substance Act, 1908, dated 21-11-2014 of Thavalakuppam Police Station, Puducherry – Pending Trial.

4. Cr.No. 301/2020 under section 12 of PG ACT, dated 11-07-2020 – Pending Trial.

5. I.R.No. 9/2015 under section 144 of Cr.P.C., dated 22-06-2015 – Discharged.

6. I.R.No. 27/2015 under section 110 of Cr.P.C., dated 11-11-2015 – Discharged.

7. I.R.No. 18/2016 under section 107 of Cr.P.C., dated 19-04-2016 – Discharged.

8. I.R.No. 2/2018 under section 110 of Cr.P.C., dated 02-02-2018 – Discharged.

9. I.R.No. 5/2019 under section 107 of Cr.P.C., dated 10-03-2019 – Discharged.

10. I.R.No. 19/2019 under section 107 of Cr.P.C., dated 27-09-2019 – Discharged.

11. I.R.No. 48/2020 under section 107 of Cr.P.C., dated 22-06-2020 – Discharged.

12. I.R.No. 71/2020 under section 110 of Cr.P.C., dated 13-09-2020 – Discharged.

13. I.R.No. 4/2021 under section 144 of Cr.P.C., dated 11-01-2021 – Discharged.

LA GAZETTE DE L'ETAT [ PART-I 870 870

14. I.R.No. 78/2021 under section 110 of Cr.P.C., dated 09-06-2021 – Discharged.

15. I.R.No. 119/2021 under section 144 of Cr.P.C., dated 06-10-2021 – Discharged.

16. I.R.No. 20/2022 under section 110 of Cr.P.C., dated 21-06-2022 – Discharged.

4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. It is also stated that he involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and have scant respect to the judiciary and rule of law. It is also stated in the I.R that the Station House Officer has received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. It is also stated that he is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence rival group is also waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if the Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, damages to public and private properties, assault, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human life and properties, and disturbance to the public tranquility and order.

6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector, Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present. The Learned Counsel, Thiru D. Pushparaj, was present and represented on behalf of the Counter Petitioner.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police Information Report/Petition, it is stated that the activities of the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 16 criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counsel for the Counter Petitioner. The Learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

PART-I ] LA GAZETTE DE L'ETAT 871

9. Upon hearing both sides and on perusal of the records submitted by the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside within the limits of my jurisdiction, the Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, damages to properties, obstructions, annoyance, etc., and thereby become a perennial source of threat to the community and disturb public peace and order. Such situations cannot be handled effectively by taking recourse to usual procedures contemplated by law and hence it is necessary that special provision under section 144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent harm to life and properties of citizens and uphold public peace and order;

10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Selvam @ Silambselvam (33), son of Kumar, a resident of No. 84, Angalammankoil Street, Pooranankuppam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 12th day of September, 2023 pronounced in the open Court.

M. KANDASAMY,

Subdivisional Magistrate (North).

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IN THE COURT OF SUBDIVISIONAL MAGISTRATE (NORTH)

AT PUDUCHERRY

Present : Thiru M. KANDASAMY,

Subdivisional Magistrate (North).

M.C. No. 103/2023 of I.R. No. 45/2023 Under Section 144 of Cr.P.C./2733

ORDER

(UNDER SECTION 144 OF Cr.P.C.)

State Represented by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry.

. . Petitioner

Vs.

Thiru Mugilan (28), S/o. Krishnamoorthy (late),

No. 13, Samiyar Nagar, Pooranankuppam, Thavalakuppam, Puducherry.

. . Counter PetitionerLA GAZETTE DE L'ETAT [ PART-I 872 872 This petition along with case sheet is filed by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, praying to pass orders under section 144 of Cr.P.C., against Thiru Mugilan (28), to prevent imminent danger to human lives and properties, and disturbance to the public tranquility and order, in the jurisdiction of this Court.

2. The Counter Petitioner is Thiru Mugilan (28), son of Krishnamoorthy (late), a resident of No. 13, Samiyar Nagar, Pooranankuppam, Thavalakuppam, Puducherry.

3. The facts which led up to the petition are briefly as follows: The case submitted by the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, through the Superintendent of Police (South), Puducherry vide I.R.No. 45/2023 under section144 of Cr.P.C., dated 14-08-2023. Therein, it has been stated that the Counter Petitioner have formed a gang of rowdies and bent upon indulging in crime such as murder, explosive case and using country made bombs by using lethal weapons. It is also stated that the Counter Petitioner have created panic in the minds of local inhabitants and he is leading lavish life with the money earned through extortion. As a result, the people of the locality being afraid of the Counter Petitioner do not come forward to lodge any complaint against him. It is also stated that even witnesses don't come forward voluntarily to give evidence against him in the cases where he is the accused. In this connection, the Petitioner had stated that the following criminal cases were registered against the Counter Petitioner.

1. Cr.No. 229/2013 under sections 147, 148, 341, 302 IPC r/w 149 IPC of Reddichavady Police Station, Tamil Nadu, dated 19-11-2013 – Pending Trial.

2. Cr.No. 86/2014 under sections 147, 148, 341, 342, 302 IPC r/w 149 IPC and 3 of Explosive Substance Act, 1908, dated 21-11-2014 of Thavalakuppam Police Station, Puducherry – Pending Trial.

3. I.R. 34/2014 under section l44 of Cr.P.C., dated 08-10-2014 – Closed.

4. I.R. 03/2015 under section 144 of Cr.P.C., dated 28-02-2015 – Closed.

5. I.R. 26/2015 under section 110 of Cr.P.C., dated 30-09-2015 – Discharged.

6. 03/2017 under section 151 @ 107 of Cr.P.C., dated 28-04-2017 – Discharged.

7. 04/2018 under section 110 of Cr.P.C., dated 16-02-2018 – Discharged.

8. 03/2019 under section 107 of Cr.P.C., dated 04-03-2019 – Closed.

9. 41/2019 under section 150@107 of Cr.P.C., dated 23-11-2019 – Closed.

10. 66/2020 under section 110 of Cr.P.C., dated 12-11-2020 – Discharged.

11. 01/2021 under section 151 @ 107 of Cr.P.C., dated 05-01-2021 – Closed.

12. 44/2021 under section 107 of Cr.P.C. – Discharged.

13. 105/2021 under section 144 of Cr.P.C. – Closed.

14. 22/2022 under section 110 of Cr.P.C. – Discharged.

4. The Petitioner further stated that the Counter Petitioner is not a law abiding citizen and he is a young and very active notorious rowdy element. It is also stated that he involved in various offences by using aruval, knife to attack the victims and he violated the conditions imposed by the Criminal Courts and havePART-I ] LA GAZETTE DE L'ETAT 873 scant respect to the judiciary and rule of law. It is also stated in the I.R that the Station House Officer have received reliable information that he is desperate and is in dire need of money to maintain his group of rowdy elements and to meet expenses in connection with the trial in the pending criminal cases against him. It is also stated that he is hatching plans to threaten the business people in the Puducherry urban area and extort money from them by threatening. The Petitioner further stated that the Counter Petitioner earned displeasure among a section of other rowdy group in the area on account of the grudge against him and hence rival group is also waiting opportunity to take revenge upon him.

5. The Petitioner further submitted that if the Counter Petitioner is allowed to reside in Puducherry urban limits, it is apprehended that he would continue to indulge in serious offences like murder, attempt to murder, damages to public and private properties, assault, obstructions, annoyance, etc., and thereby emerged as a perennial source of threat to the community and disturb public peace and order. Hence, the Sub-Inspector of Police, Thavalakuppam Police Station, Puducherry, has prayed to invoke provisions under section 144 of Cr.P.C., against the Counter Petitioner do not to enter into the jurisdiction of this Court for a period of two months as to prevent danger to the human life and properties, and disturbance to the public tranquility and order.

6. The proceeding was started by affording an opportunity to the Counter Petitioner to show cause against the petition filed by the Petitioner. A notice was served to both the parties on 31-08-2023 to appear for the hearing on 12-09-2023. It was instructed to serve the notice to the Counter Petitioner through the Station House Officer, Thavalakuppam Police Station, Puducherry. The notice was received by the Counter Petitioner.

7. On 12-09-2023, the Petitioner Thiru G. Thirumurugan, Sub-Inspector, Thavalakuppam Police Station, Puducherry and the Counter Petitioner were present. The Learned Counsel, Thiru D. Pushparaj, was present and represented on behalf of the Counter Petitioner.

8. I have heard both the sides and carefully gone through all the available records in file placed by the Petitioner. In the Police Information Report/Petition, it is stated that the activities of the Counter Petitioner is in such a manner that he may cause breach of peace and create a problem of law and order and public tranquility. He has involved in crimes such as murder, assault, unlawful activities and disturbance to the public peace and order. There are 14 criminal cases were registered against him in various Police Stations. I have also heard the oral submission of the Counsel for the Counter Petitioner. The Learned Counsel for Counter Petitioner has stated that the Petitioner has filed this false case with an ulterior motive.

9. Upon hearing both sides and on perusal of the records submitted by the Petitioner, I am of the opinion that if the Counter Petitioner is allowed to reside within the limits of my jurisdiction, Counter Petitioner will continue to indulge in and also motivate serious offences like murder, assault, damages to properties, obstructions, annoyance, etc., and thereby become a perennial source of threat to the community and disturb public peace and order. Such situations cannot be handled effectively by taking recourse to usual procedures contemplated by law and hence it is necessary that special provision under section 144 of Cr.P.C., is invoked to take action against the Counter Petitioner to prevent harm to life and properties of citizens and uphold public peace and order;

LA GAZETTE DE L'ETAT [ PART-I 874 874

10. Hence, I, M. Kandasamy, do hereby in the capacity of Subdivisional Magistrate (North), Puducherry, in exercise of powers conferred under the section 144(1) of the Code of Criminal Procedure, pass this order and prohibit the Counter Petitioner Thiru Mugilan (28), son of Krishnamoorthy (late), a resident of No. 13, Samiyar Nagar, Pooranankuppam, Thavalakuppam, Puducherry, from entering into the region under the jurisdiction of the Subdivisional Magistrate Court (North), for a period of two months from the date of this order or till any further orders are passed by the Competent Authority revoking this prohibition as per law, whichever is earlier except when you are summoned to attend the cases in any of the Courts in Puducherry. However, the Counter Petitioner may represent against this order before the undersigned by post or by Counsel.

At Puducherry, dated on this 12th day of September, 2023 pronounced in the open Court.

M. KANDASAMY, Subdivisional Magistrate (North).

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